| Divorce involving a member of the U.S. military |
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| Military divorce involves a member of the uniformed services and his or her spouse, who may or may not be in the services. Even though military divorce may be similar to a usual divorce, there are a few differences, such as legal protections, jurisdiction of court, residency requirements for filing for divorce, division of military retirement benefits or pension, and provision for child support. A service member facing a divorce should be aware of the Servicemembers' Civil Relief Act of 2003 and the Uniform Services Former Spouses' Protection Act (USFSPA). More... |
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| Temporary Order for Protection of the Person in Divorce |
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| In the divorce context, a temporary order for personal protection (sometimes called a "restraining order") is a court order prohibiting a spouse from contacting or harming the other spouse. Protection orders are common in situations involving spousal abuse or harassment. The orders usually are kept in place for the duration of the divorce case. More... |
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| Property Division in Divorce: Personal Injury Awards |
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| Personal injury awards are paid to injury victims to compensate for personal injury, pain and suffering, lost wages, loss of future earning capacity, loss of consortium (i.e., loss of companionship), medical expenses and damages to property when the loss occurred due to another's negligence. In a divorce, a question might arise as to whether such awards can be considered as separate property or marital property, i.e. joint property of the spouses. There are two primary methods by which courts typically classify such awards as marital or separate property, i.e. the analytic approach and the mechanistic approach. More... |
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| Jurisdiction and Venue in Annulment Proceedings |
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| The parties must establish proper jurisdiction and venue in order to initiate an annulment action. Usually, to obtain the jurisdiction and proper venue, the courts of the state where the parties were married have jurisdiction in an annulment action. In most states, if one of the parties wants to bring an action in a state court, that party must show that one of the parties has been residing in that particular state for the required period. Alternatively, a state has jurisdiction if either party has met that state's residency requirement. Venue is established if the party seeking the annulment of the marriage has met the domicile requirements within the court's jurisdiction. More... |
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| Fault-based Divorce: Adultery |
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| There can be various grounds for seeking a divorce; adultery is stated as a reason for divorce in the laws of the majority of states that allow fault-based divorces. Adultery is defined as voluntary, consensual sexual intercourse or sexual activity by a married person with someone other than their legal spouse. While intercourse is usually required, something less may amount to adultery under the divorce laws in some states. More... |
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